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11 Jul 2023, 6:39 am by Joseph L. Hyde
  In her view, the default position under Crawford is that Stillwell’s confession was not admissible, and in seeking to introduce the confession the Government sought an exception from the confrontation clause’s exclusion mandate. [read post]
11 Jul 2023, 4:00 am by Judith Gaskell
Starting with the Court’s 2022 Term, PDFs of the U. [read post]
10 Jul 2023, 3:58 am by Daniel M. Kowalski
Although an injunction would prevent the implementation of the Biden administration’s enforcement guidelines, Justice Gorsuch argued that this remedy was unavailable to the states because of 8 U. [read post]
The court’s ruling goes into significant detail regarding the nature of the Governments conduct and the censoring of disfavored views. [read post]
6 Jul 2023, 8:10 pm by Sabrina I. Pacifici
The Scholarly Kitchen, Rick Anderson: “If you’ve ever made a photocopy in a U.S. library or received a copy of an in-copyright document supplied by your library, you’ve likely seen a notice that looks like this: The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. [read post]
In its leading Harnkatheterset decision (April 29, 2010, I-2 U 126/09), Düsseldorf Higher Regional Court had emphasised this rule but also pointed to a respectable (non-exhaustive) list of exceptions. [read post]
5 Jul 2023, 9:05 pm by renholding
This post comes from Lauren Cunningham at the University of Tennessee, Knoxville’s Neel Corporate Governance Center and Laurie Ereddia at Mississippi State University’s College of Business. [read post]
5 Jul 2023, 8:33 am by Alex Tsang
Un patient ayant reçu un appel de ce consultant dénonce la situation. [read post]
5 Jul 2023, 5:01 am by Eugene Volokh
Strict scrutiny requires the government to show that the speech restriction is "narrowly tailored to address the State's compelling governmental interests. [read post]
5 Jul 2023, 3:51 am by Bernard Bell
This blogpost discusses the Eleventh Circuit’s opinion and argues that the result is deeply disturbing. [read post]
4 Jul 2023, 11:59 am by Eugene Volokh
In their attempts to suppress alleged disinformation, the Federal Government, and particularly the Defendants named here, are alleged to have blatantly ignored the First Amendment's right to free speech. [read post]
4 Jul 2023, 7:11 am by hpoppe
After nearly 250 years of our nation’s experience in self-government, the right to a trial by jury is often forgotten, but it is one of the most fundamental rights of a free and self-governing society. [read post]
3 Jul 2023, 10:49 pm by Josh Blackman
Thomas wrote that with the freedom of speech, "to carry that burden, the government must generally point to historical evidence about the reach of the First Amendment's protections. [read post]